Expert and Opinion Evidence in Australia

This book is not an examination of matters such as bias as they bear-on general forensic science and its practitioners. It does address, but not go into any deep examination of bias as far as the expert witness is concerned. Those interested in this topic are well advised to seek out other sources.This book is not an examination of matters such as bias as they bear-on general forensic science and its practitioners and the way that might deliberately advance the case for one party or the other. It does address, but not go into any deep examination of bias as far as expert witnesses are concerned. It does, at a basic level, expose how bias might occur and the effect it can have on those wanting to given opinion evidence. Those interested in this topic are well advised to seek out other sources.This book is a review of factors applicable to the giving of opinion evidence in courts of law and other legal settings in Australia. It found its origin as a short piece of work principally aimed at university students studying forensic science. Since then, it has grown and developed into something much more informative and useful to a wider audience. This book is not intended to form the basis of legal advice and those seeking such are well advised to the Law Society (or its equivalent) in their area or obtain the services of a registered practitioner within their legal jurisdiction.This book may bring a balance to the often-vexing matter of the use of opinion evidence in criminal and civil trials, during coronial inquiries, and the like. Why vexing, you might ask. Because there is often a great imbalance between the facilities of the State and those of a defendant in a criminal trial, between the resources of a multinational corporation and a sole trader in a civil matter, and between economic, political, and social interests in a coronial inquiry. In all those scenarios it is likely the party with the biggest purse will be the one putting forward opinions based on science, leaving the other party to struggle-on as best as it can. In a well-balanced world is could be expected the party adducing opinion evidence would do so with fairness in mind. However, many will believe the moral obligation to act even-handedly is often outweighed by the desire to win at all costs and uphold and further reputation, solely with the law in mind and without regard to the principles of justice. The content of this book then paints the picture from both sides - the good and true, and the not so desirable.